A case in which two people have been accused of murdering the daughter of a magistrate failed to take off yesterday after the file went missing. Mr Benson Kimathi, a former prison warder at Kangeta Prison and Mr Francis Otudo, have been accused of killing Maribel Kapolon, the daughter of Githongo Law Courts Senior Resident Magistrate Carol Kemei. ALSO READ: Kapolon was kidnapped on September 6 and her body found dumped in Gitoro Forest, Imenti North, 11 days later. The case was initially filed in Meru before it was transferred to Chuka.
Justice Robert Limo, who was to hear the case, said he had not seen the file. It later emerged the file was brought to Chuka on Monday but the High Court in Meru was yet to write to Meru GK Prison so the suspects can be taken the High Court in Chuka. The kidnappers had demanded Sh500,000.
“For reasons that the deceased was a daughter of the magistrate heading Githongo Law Courts, which is under Meru High Court, I order the trial of this matter be taken by another High Court for the interest of justice and fair trial,” said Justice Alfred Mabeya, the judge who was presiding over the matter at the High Court in Meru.
The judge also ordered that the two suspects, Mr Benson Kimathi, a former prison warder at Kangeta Prison, and Mr Francis Otudo, undergo mental tests before pleading to the charges.
“Let the accused be subjected to mental examination within seven days before they take plea. Also let the deputy registrar of Chuka High Court appoint an advocate for the second accused (Francis Otudo).”
A post-mortem on Ms Kapolon’s body showed that her killers hit her on the head several times, inflicting serious injuries that resulted in her death.
The suspects were in police custody after a Meru court ordered that they be detained for 10 days so the officers can complete investigations.
Chief magistrate Hannah Ndung’u said, “Due to the nature, complexity and public interest of this matter and in light of the submission by the state, I grant the DCI 10 days to complete investigations.”
Harrison Kiarie represented the Director of Public Prosecutions, Eliud Mutuma defended the suspects.